27785. Misbranding of Kold-Ade  (assorted flavors).    U. S. v. 22 Boxes of Kold-
Ade.    Default decree of condemnation and destruction.     (F.  & D. No.
40017.    Sample Nos. 42953-C to 42960-C, incl.)
These products, with the exception of the root beer, were labeled to convey the 
impression that they were fruitade bases, whereas they were artificially colored 
and contained little or no fruit juice; some were flavored with citrus-oil flavors 
and the others with artificial flavors. The root beer was a nonsweetened root- 
beer concentrate and was represented to contain fruit juice and fruit esters.
On July 28, 1937, the United States attorney for the Western District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 22 boxes, each containing 
24 bottles of Kold-Ade, at Pittsburgh, Pa., alleging that they had been shipped 
in interstate commerce on or about May 28, 1937, by the Drew Corporation from 
Brooklyn, N. Y., and charging misbranding in violation of the Food and Drugs 
Act. The orange, lemon, and lemon and lime were labeled: "Kold-Ade * * * 
Prepared With Selected Citrus Fruit Oils, Certified Color, Citric Acid * * * 
Orange  [or "Lemon & Lime" or  "Lemon"]."    The remaining products were
labeled: "Kold-Ade * * * Prepared with Concentrated Fruit Juice, Fruit 
Esters and essential oils Raspberry [or "Pineapple," "Cherry," "Grape," or "Root 
Beer"]."   AH were labeled further: "Drew Corporation Brooklyn, N. T."
The articles, with the exception of the root beer, were alleged to be mis- 
branded in that the following statements were false and misleading and tended 
to deceive and mislead the purchaser when applied to products that contained 
artificial color and little or no fruit juice—the orange, lemon, and lemon and 
lime containing citrus-oil flavor, and the remaining products containing artificial 
flavor: "Kold-Ade * * * Orange [or "Lemon," "Lemon and Lime," "Rasp- 
berry," "Pineapple," "Cherry," or "Grape"]." The root beer was alleged to be 
misbranded in that the following statements were false and misleading and 
tended to deceive and mislead the purchaser when applied to an article that 
was a characteristic nonsweetened root-beer concentrate: "Kold-Ade * * * 
Prepared with concentrated fruit juice, fruit esters * * * certified color." 
All, with the exception of the root beer, were alleged to be misbranded further 
in that they were imitations of and were offered for sale under the distinctive 
names of other articles.
On September 30, 1937, no claimant having appeared, judgment of condemna- 
tion was entered and the products were ordered destroyed.
HAKEY L. BROWN, Acting Secretary of Agriculture.